Tribeca Asset Management, Inc. v. Ancla International, S.A.
The Florida Supreme Court held that a contract clause stating the agreement "will be governed by the laws of the State of Florida . . . , a jurisdiction accepted by the parties" is merely a choice of law provision, not a forum selection clause consenting to Florida jurisdiction. Because the agreement contained no forum selection clause and did not provide for arbitration in Florida, section 682.18(1) of the Florida Arbitration Code could not supply personal jurisdiction over the nonresident, and the Court quashed the Third District's contrary decision.
Key facts
- Tribeca Asset Management, Inc., a Florida entity, sued Ancla International, S.A., a nonresident defendant, in Florida court based on a contract containing a choice of law provision stating the agreement would be governed by Florida law.
- The Third District Court of Appeal upheld Florida jurisdiction over the nonresident defendant, finding the choice of law clause constituted consent to Florida jurisdiction.
- +1 more key fact with a free trial
Why it matters
This is the Florida Supreme Court's clearest statement distinguishing choice of law provisions from forum selection clauses, and it forecloses arguments that boilerplate references to a state as an accepted… — full analysis with a trial
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